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Committee restores pre‑repeal tobacco possession rules; local law‑enforcement and schools urged restoration of diversion options
Summary
The committee adopted a substitute consolidating multiple tobacco bills and reported language that would reinstate prior possession restrictions for those under 21, with members discussing civil‑penalty vs. misdemeanor approaches and the value of diversion and education programs for juveniles.
The Senate Courts of Justice Committee consolidated several tobacco bills and adopted a substitute intended to restore statutory language that had been repealed last year around possession of retail tobacco and hemp products by persons under 21.
Senator Tara Durant and Senator Peake led the discussion; Deonte Diggs, a Stafford County lieutenant who oversees the school resource officer program, testified in support of restoring accountability for underage possession and said schools used to have diversion and educational programs (escrow intervention, petitions, mandatory education) that reduced repeat offenses. Diggs told the committee the change after last year’s repeal had made in‑school enforcement more difficult and that Stafford County saw increased student use.
Public‑health advocates opposed reinstating criminal or civil penalties for youth possession. Alex Casper of the American Lung Association and Kristen Jemison of Campaign for Tobacco‑Free Kids testified that purchase‑and‑possession laws historically do not reduce youth use as effectively as retailer enforcement and prevention/cessation programs; they urged focus on retailer compliance and prevention rather than criminalizing youth.
Committee members discussed whether the restored text should be a civil infraction (fine) or a misdemeanor and whether diversion/educational options should be explicitly preserved in any substitute. The committee adopted a substitute to consolidate the bills and reported the measure; the transcript shows the clerk recorded Ayes 15, Noes 0 when the committee reported the consolidated substitute.
Why it matters: Restoring possession language affects school discipline, local diversion programs and retailer enforcement work. Sponsors emphasized preserving educational diversion tools used by local school resource officers and SRO programs; opponents emphasized focusing enforcement on the point of sale and on evidence‑based prevention programs rather than possession sanctions for juveniles.
Speakers (key): Lieutenant Deonte Diggs (Stafford County Sheriff's Office); Alex Casper (American Lung Association); Kristen Jemison (Campaign for Tobacco‑Free Kids).
